First Amendment Library

Austin v. Michigan Chamber of Commerce (Docket #: 88-1569) (1990) [Findlaw]
Argument Date	10/31/1989
Decided	03/271990
Supreme Court Vote	6-3
Note	In Citizens United v. Federal Election Commission (2009), the Court asked the parties to brief the issue of whether Austin should be overruled.
Supreme Court Ruling	First Amendment claim denied; finding that the Michigan statute restricting corporate spending in connection with state elections held not to violate free expression or equal protection rights of state chamber of commerce under Federal Constitution

Issue	Did the Michigan Campaign Finance Act violate the First and Fourteenth Amendments?

Majority Opinion

Marshall, J. (joined by Rehnquist, C.J., and Brennan, White, Blackmun, and Stevens, JJ.)

Concurring Opinion

Brennan, J. & Stevens, J.

Dissenting Opinion

Scalia, J. & Kennedy, J. (joined by O’Connor and Scalia, JJ.)

Lower Court

6th Circuit

Lower Court Ruling

First Amendment claim sustained

Oral Arguments

Oral Arguments [Oyez]

Lawyers

For Petitioner

Louis J. Caruso, Solicitor General of Michigan

For Respondent

Richard D. McLellan

Briefs

For Petitioner

Frank J. Kelley, Attorney General, pro se, Thomas L. Casey, Assistant Solicitor General, and Gary P. Gordon and Richard P. Gartner, Assistant Attorneys General